Complicated....mother wants to move to US with child

[Luvr2winz 0]

I am enquiring with all of you on behalf of a dear friend. I was born in England but live in CA now. He is a British citizen and is married, they have a 4 year old daughter. His wife met a woman in Mississippi online last year and started chatting with her. Every now and then this woman's son would walk past the camera and wave. The day after Christmas 2012, my friend's wife started chatting with the son. In February she went to Mississippi for 10 days to visit the man in person. When she returned, she told my friend she wanted a divorce immediately and was getting a fiancé visa and moving to the states to marry the new man and have babies. He has just now found out his wife is pregnant by this man! Does anyone have any information that might help him fight this? He is scared to death that she will be granted a visa for their daughter and he will be stuck in England. So the questions are, what can he do to stop her from moving with their daughter and if she is granted the child's visa, is there anyway he can obtain a visa and also move to the states? Any input would be greatly appreciated!!

Thank you all for your time,

Amanda

[mtcmk1 37]

The K2 may require a consent letter from the other parent. (Look into the laws of England for child immigration.) So it might be hard for them to move the child out of England without the father's consent. I think trying to keep the child in England may be easier for him than trying to move to the US. Good luck!

Edited March 9, 2013 by mtcmk1

[Nich-Nick 3,354]

I am enquiring with all of you on behalf of a dear friend. I was born in England but live in CA now. He is a British citizen and is married, they have a 4 year old daughter. His wife met a woman in Mississippi online last year and started chatting with her. Every now and then this woman's son would walk past the camera and wave. The day after Christmas 2012, my friend's wife started chatting with the son. In February she went to Mississippi for 10 days to visit the man in person. When she returned, she told my friend she wanted a divorce immediately and was getting a fiancé visa and moving to the states to marry the new man and have babies. He has just now found out his wife is pregnant by this man! Does anyone have any information that might help him fight this? He is scared to death that she will be granted a visa for their daughter and he will be stuck in England. So the questions are, what can he do to stop her from moving with their daughter and if she is granted the child's visa, is there anyway he can obtain a visa and also move to the states? Any input would be greatly appreciated!!

Thank you all for your time,

Amanda

She needs a divorce finalized before they can start the fiancé petition. Even after it is granted, the UK has a waiting period before the Decree Absolute is issued. The child custody will be settled in that. If she is able to get full custody, then she can move. If he has joint custody, his permission is required. There are maybe ways to get around it in court and Meg on here knows a lot about that because they are trying to successfully move two boys to to the US without their Mom's permission. She hasn't been around lately, but from her profile you can Click "find my content" and maybe review some of her posts. Or try sending a PM and maybe she will get an email notification. Here's her profile http://www.visajourney.com/forums/user/124193-darkmoonfaerie/

Forgot to say there's no easy way for him to move to the states.

Edited March 9, 2013 by Nich-Nick

[Boiler 45,813]

All things being equal then the chances of her getting a successful court order is small.

[Justine+David 218]

I think you have pretty good grounds considering that she cheated on her husband and got pregnant while still married!! She can't just up and take the kid automatically.

Eeesh though. This is going to be long and messy. It takes awhile to get the divorce and the K1 is running almost at a year, so maybe 1.5 years...

[Villanelle 4,122]

I think Nick explained it quite well.

While it may seem like an incredibly complicated situation, its really no different then anyone elses situation. The same rules apply.

For the father to immigrate to the US, his options are the same as anyone else in the UK. He can immigrate through a work visa or a family based visa. Meaning hed either have to find a job that would offer him a visa or similar to his (ex)spouse a USC to sponsor him based on a 'legitimate' relationship.

For the wife to obtain her visa she needs to be single. For her to bring the child she needs to have full custody, if she doesnt she needs permission from the other parent or a court order.

As others have pointed out- processing times for visas run about 1 yr. Divorce times run about the same. This is not going to be something that is going to be resolved with in the next few weeks/months.

I dont know your friend, but he needs to do what he thinks is in the best interest of his child and fight hard for it because thats all that really matters.

[Brother Hesekiel 2,236]

The guy's wife hooked up with another guy, got knocked up, and told her husband that she's going to divorce him and move in with the other guy. How can he fight this?

Why would he fight this, is the question?

Maybe he can bang her really good to change her mind?

Offer her to adopt the #######? Offer her bribe, do the dishes and take out the trash?

His marriage is over. They will get divorced. Thereafter the other man can, if he still wants, file an I-129F petition for his (then) ex-wife which will lead to a K-1 visa. If the wife wants to take her children with her, she'll need his written permission or a court order which she will only get if she can prove that her ex is an unfit parent. So she will have to leave her children, or she will not see humpt-dumpty in Mississippi, arguably one of the worst places to live in the entire U.S. of A.

It's also possible that the Mississippian may not be so much interested in petition for the ex-wife anymore once she turns into a balloon. He may also wonder if she will continue to cheat, so none of this is written in stone.